The Entrance Plaza Pty Ltd v Davids [2016] NSWCA 362

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Entrance Plaza Pty Ltd v Davids [2016] NSWCA 362 Hearing dates: 15 December 2016 Decision date: 15 December 2016 Before: Meagher JA; Leeming JA Decision: 1. Summons seeking leave to appeal dismissed.

2. Applicant to pay the respondent's costs of that summons. Catchwords: APPEALS – leave – costs – small amount in issue – primary judge declined to make costs order in favour of successful defendant – no question of principle – no clear case of substantial injustice Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 98 District Court Act 1973 (NSW), s 127 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 House v The King (1936) 55 CLR 499 Joo v Yoo [2016] NSWCA 172 Category: Principal judgment Parties: The Entrance Plaza Pty Ltd (Applicant) Deanne Davids (Respondent) Representation: Counsel: N Polin SC (Applicant) R de Meyrick (Respondent)

Solicitors: McCabes Lawyers (Applicant) CBD Law (Respondent) File Number(s): 2016/181069 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 19 May 2016 Before: Williams DCJ File Number(s): 2014/19191